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Conditions

General Terms and Conditions of Sale

I. Scope of application

  1. These General Terms and Conditions of Sale (hereinafter also referred to as: "Terms and Conditions of Delivery") apply to all business relationships between Detektierbar.de (hereinafter referred to as: "we" or "us") and our customers (hereinafter also referred to as: "Customers"). The Terms of Delivery shall only apply if the Customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. The Customer shall prove its entrepreneurial status to us by notifying us of its VAT ID number or otherwise.

  2. The Terms and Conditions of Delivery shall apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter also referred to as "goods"), irrespective of whether we manufacture the goods ourselves or purchase them from suppliers (Sections 433, 651 of the German Civil Code). The Terms of Delivery shall apply in their respective version as a framework agreement also to future contracts for the sale and/or delivery of movable goods with the same customer without us having to refer to them again in each individual case; we shall inform the customer immediately of any changes to our Terms of Delivery in this case. These terms of delivery apply to all types of transactions, including orders placed via our online shop www.detektierbar.de (hereinafter also referred to as "Online Shop") or via our order hotline.

  3. Our terms of delivery apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the customer without reservation in the knowledge of the customer's general terms and conditions.

  4. Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions of Delivery. A written contract or a written supplementary note on the condition agreement or our written confirmation shall be authoritative for the content of such agreements.

  5. Legally relevant declarations and notifications to be made to us by the customer after conclusion of the contract (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction) must be made in writing to be effective.

II. Conclusion of contract

  1. Our offers in the catalogue or online shop are subject to change and non-binding. This also applies to descriptions of goods. The presentation and advertising of articles, e.g. in our online shop or in our catalogues, does not constitute a binding offer to conclude a purchase contract. It only represents a promotion of the goods.

  2. The order of the goods by the customer is considered a binding offer of contract. In the online shop, the customer submits a binding offer of contract by sending an order by clicking the button "Order subject to payment", which is subject to our acceptance. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 1 week of its receipt by us.

  3. A contract shall only be concluded by our written order confirmation or impliedly by the delivery of the goods and shall be governed exclusively by the content of the order confirmation and these terms of delivery.

  4. In the case of orders placed via the online shop, the following provisions shall apply in addition:

    • 4.1. At the end of the respective order process, the customer receives a summary of the products ordered by him as well as the total price to be paid, including the statutory value added tax, as well as including the applicable shipping and additional costs.

    • 4.2. Before sending an order, the customer also has the opportunity to check the order once again and, if necessary, to correct it by clicking on the correspondingly labelled buttons or to delete it completely.

    • 4.3. We shall confirm receipt of the order to the customer immediately by e-mail (order confirmation). The order confirmation is not an acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time. A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

    • 4.4. If the delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform the customer of this immediately and refund any consideration already received without delay.

    • 4.5.The exclusive contractual language is German. We store all contract data only within the framework of our commercial accounting in accordance with the statutory provisions. This data is no longer available/retrievable after the conclusion of a sale. Please save the contract documents sent to you by us or make printouts of them. These terms of delivery and all other contractual terms can be downloaded, saved and/or printed out by you. They will also be sent to you by e-mail with every purchase and sale.

III. Prices

  1. The price for our goods stated in the respective offer is understood to be the net price plus the statutory value added tax and other price components. The corresponding shipping costs shall be indicated to the customer in the respective offer and in the "Delivery" section and shall be borne by the customer. Unless otherwise agreed, the following shipping costs apply:

    Within Germany, the shipping costs amount to € 5.84 net, unless the customer has reached an order value of € 200 net. If the aforementioned order values are reached, as well as in the case of self-collection, shipping is free of charge. Additional costs will be charged for shipping abroad and to German islands, which will be communicated to the customer in good time. In addition, the shipping costs for bulky goods and deliveries made by forwarding agents will be calculated and charged separately.

  2. In the event that the object of purchase is shipped to countries outside the European Community, the final price stated does not include any customs duties, import taxes or other import charges levied by the country of destination. We do not take back transport packaging and all other packaging in accordance with the Packaging Ordinance; it becomes the property of the customer.

  3. We are entitled to issue partial invoices for partial deliveries within the meaning of clause V.8.

IV. Payment, due date, default in payment

  1. Payment by the customer can generally be made by bank transfer (advance payment), on account or against cash payment (on collection).Further information on payment is given to the customer in the "Delivery" section.

  2. The timeliness of payments is determined by their receipt by us.

  3. Upon expiry of the aforementioned payment deadline, the customer shall be in default. During the period of default, interest shall be charged on the purchase price at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.

  4. Insofar as we subsequently become aware of circumstances from which a significant deterioration in the customer's financial situation arises which is likely to jeopardise our claims for payment against the customer (e.g. through an application for the opening of insolvency proceedings), we shall be entitled in accordance with the statutory provisions to refuse performance and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB) and/or, in the case of outstanding deliveries, to demand an advance payment or the provision of security. In the case of contracts for the manufacture of unjustifiable items (custom-made products), we may declare withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.

  5. The customer may only offset counterclaims that have been legally established, are undisputed or have been recognised by us. The customer may only assert a right of retention on the basis of counterclaims that are based on the same contractual relationship.

V. Delivery and dispatch, transfer of risk and default of acceptance

  1. Delivery is made ex warehouse, which is also the place of performance. At the customer's request and expense, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

  2. If the customer chooses the delivery method "self-collection", he can collect the goods during our business hours Monday to Friday 8:00 a.m. - 6:00 p.m. from our dispatch warehouse at the following address: Detektierbar.de, Sundernstraße 126, 33332 Gütersloh (Germany).

  3. As soon as the order is ready for collection, we will inform the customer. The customer will receive the ordered goods upon presentation of the order confirmation. Loading by us is not owed. The customer is therefore responsible for the manner of loading. He shall provide all loading and securing means at his own risk and responsibility.

  4. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon handover.

  5. In the case of sale by delivery to a place other than the place of performance, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment. The handover shall be deemed to have taken place if the customer is in default of acceptance.

  6. The delivery period shall be agreed individually or stated by us in the order process. The commencement of the delivery period stated by us presupposes that the customer has provided us with or made available to us in good time all information and documents required for the execution of the delivery and has made any agreed down payments in accordance with the agreement. Unless otherwise specified, agreed deadlines shall commence on the date of the order confirmation. In the case of additional or extension orders placed at a later date, the periods shall be extended accordingly.

  7. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the customer of this without delay and at the same time inform him of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid by the customer. A case of non-availability of the service in this sense shall be deemed to be in particular the non-timely self-delivery by our supplier if we have concluded a congruent covering transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case.

  8. We are entitled to make partial deliveries if (i) the partial delivery is usable for the customer within the scope of the contractual intended purpose, (ii) the delivery of the remaining ordered goods is ensured and (iii) the customer does not incur any significant additional expenditure or additional costs as a result (unless we agree to bear these costs).

VI. Inspection obligations and obligation to give notice of defects for entrepreneurs

  1. The customer's claims for defects presuppose that he has fulfilled his statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). The customer is obliged to inspect deliveries for defects without delay and to notify us of such defects in writing or in text form without delay, at the latest, however, within 10 calendar days of handover of the delivery to the customer. In the case of hidden defects, the period for notification of defects shall commence at the time at which the hidden defects are discovered or could have been discovered without gross negligence. The passing on of the objects of purchase to third parties or their dispatch to a foreign customs country shall not release the customer from its obligation to give notice of defects in accordance with this Clause VI.1.

  2. If the notification of defects is not made or is not made in due time, our liability for the non-notified defect is excluded.

VII. Retention of title

  1. The object of purchase shall remain our property until complete fulfilment of all claims arising from the contract of sale. This shall also apply until the complete settlement of future claims by us from current business relations together with interest and costs.

  2. The customer is not entitled to sell or otherwise dispose of the object of purchase, in particular to pledge it or assign it as security, as long as the retention of title exists, i.e. as long as the customer has not fulfilled all of our claims from the purchase contract concerned. It is also prohibited to combine objects of purchase subject to retention of title with objects of the customer or objects of third parties.

  3. The customer must notify us immediately in writing or in text form if and insofar as third parties seize the objects of purchase subject to retention of title.

VIII. Warranty and liability

  1. The statutory provisions shall apply to the customer's rights in the event of material defects and defects of title, unless otherwise stipulated below. In all cases, the special statutory provisions shall remain unaffected in the case of final delivery of the goods to a consumer (supplier's recourse pursuant to §§ 478, 479 BGB.

  2. Defect rights are excluded with regard to damage to the objects of purchase caused by improper or other actions contrary to the contract on the part of the customer or persons attributable to the customer's sphere of influence. This applies in particular in the event that the customer has not observed the manufacturer's instructions for use.

  3. The choice of the type of subsequent performance shall be made by us at our own discretion. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses are increased because the object of purchase was subsequently taken to a place other than the customer's place of business.

  4. An additional guarantee shall only exist for the goods delivered by us if this was expressly stated in the order confirmation for the respective goods.

IX. Limitation of Liability

  1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the supplier, its legal representatives or vicarious agents.

  2. In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

  3. The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the supplier if claims are asserted directly against them.

  4. The provisions of the Product Liability Act shall remain unaffected.

X. Limitation

  1. Claims due to defects shall become statute-barred within a period of one year from handover of the object of purchase. This limitation period also applies to contractual and non-contractual claims for damages by the customer based on a defect in the object of purchase. §§ Sections 478, 479 BGB remain unaffected.

  2. All claims for damages and reimbursement of expenses against us shall become statute-barred within one year from delivery of the goods. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents.

  3. The limitation provisions of the Product Liability Act shall remain unaffected.

XI. Choice of law, place of jurisdiction

  1. Contracts between us and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the registered office of Eleono/detektierbar.de. However, we are also entitled to bring an action at the customer's general place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought.

XII. Severability clause

Should any provision of these terms and conditions of delivery be or become invalid or unenforceable, the remaining provisions of these terms and conditions of delivery shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.

 

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