General Terms and Conditions
General
These terms and conditions apply exclusively to all deliveries and services. If license conditions of the respective manufacturers are included with individual products, they must be observed to a special extent. Product names and logos are the property of the respective manufacturers. Product images are only exemplary in individual cases and may differ from the delivered products. If the characteristics of the item to be delivered are significantly influenced by the exact image, the goods can of course be returned.
The goods and services offered by us are described as accurately as possible, but errors and misprints cannot be ruled out. Therefore, we cannot guarantee that the goods offered actually correspond to the customer's intended use, are compatible with the intended application, or are suitable at all. The customer must inform themselves in an appropriate manner before placing the final order.
Provided Documents
If any documents of any kind are provided to the customer in connection with the order, we expressly reserve ownership and copyright. These documents may not be made accessible to third parties without our express consent.
Prices and Payment Terms
The prices stated at the time of ordering the goods apply to the delivery. The billing is in € (Euro), even if foreign currencies are given for information purposes. Unless otherwise stated, the prices quoted include the statutory value-added tax.
For customers outside of Germany who are resident in European Union (EU) member states, special tax conditions apply. A tax-exempt delivery can only be made if a valid VAT identification number is available at the time of ordering. If such a number is not available or is not provided before invoicing, the delivery will be subject to the domestic VAT applicable in Germany.
In addition to the price of the goods, shipping costs will be charged, which usually depend on the weight of the goods and the desired shipping method and are to be paid by the buyer. These costs are indicated depending on the article. We reserve the right to correct obvious errors and misprints.
In the case of delivery against an open invoice, both the due date and the payment amount are based on the respective information provided and are then payable in the agreed form without further deduction. In the event of payment default, we are entitled to charge default interest and, at our discretion, to refuse further deliveries or change payment terms. We are not liable for any damages resulting from a possible non-delivery.
Offsetting of counterclaims is only possible if they have been legally established and are undisputed. Payment by check is only accepted for payment purposes. Settlement via credit card or direct debit is possible through corresponding third-party services, provided that the service can also be executed in the given case. Payment by bill of exchange cannot be accepted. There are no minimum order values, and requested offers are generally free of charge.
Delivery Time
The start of the delivery time specified by us requires the clarification of all technical issues as well as the timely and proper fulfillment of the customer's obligations and is subject to correct and timely self-delivery. The deadline is considered met if the shipment is made before the deadline expires. Force majeure or other measures that are likely to make the agreed delivery impossible entitle us to dissolve the delivery contract. Any resulting claims for damages are excluded.
Delivery, Shipping, Transfer of Risk
The shipment of the goods is made at our discretion, unless explicit instructions are given by the customer. The risk of accidental loss or deterioration of the goods passes to the customer upon dispatch of the goods to the customer, at the latest upon leaving the warehouse. This applies regardless of whether the shipment of the goods is made from the place of performance or who bears the freight costs.
In most cases, the shipment of goods up to a weight of 20kg is made by postal package (DHL). According to the current tariff, this shipping method includes transport insurance up to a value of €500 (Euro).
If other shipping methods become necessary, special conditions will be indicated in individual cases. In any case, the recipient is obliged to check the shipment for external integrity upon receipt and to have any visible damage confirmed immediately by the delivery person. Depending on the nature and extent of a transport damage and the nature of the goods, the compensation must be individually regulated.
Software and Other Sealed Products
When delivering software and other sealed products, the special conditions of the respective manufacturers must be observed. The return of these items can only be made if the necessary conditions are met and the seal is unbroken. If the seal is broken or the seal film is opened or removed, the customer acknowledges the validity of the extended conditions and is liable for any violations. The return is then no longer possible, regardless of whether an installation or commissioning has been carried out. The right to complain about defects remains undisputed.
Right of Withdrawal for Consumer Contracts
If the customer is not a business person within the meaning of § 310 paragraph 1 BGB and the transaction cannot be attributed to a commercial or self-employed professional activity of a natural person, we grant the statutory right of return or withdrawal. These customers can withdraw from the contract or return the received goods within a period of two weeks without giving reasons.
If the seal of sealed goods has been broken, the seal film has been opened or removed, the right of return is forfeited. The return must be made in the original condition in the undamaged original packaging by postal package, and the return costs will be refunded. In the case of significant deterioration of the returned goods (soiling, damage, damaged original packaging, damaged documentation, incomplete return), we expressly reserve the right to demand compensation.
If consumables (ink, toner, paper, data carriers, batteries) provided between the provision of use and return are consumed or their packaging is opened, this value must also be replaced. Depending on the nature and extent, this may under certain circumstances justify the obligation to pay the full purchase price.
Returns sent without postage will not be accepted. After sorting and checking the goods, we will issue a corresponding credit note taking into account the present 'General Terms and Conditions'. The purchase price or the amount to be refunded will be refunded if payment has already been made.
If, contrary to expectations, the return is lost, we can only acknowledge the return if the original deposit receipt is handed over to us.
Retention of Title
We reserve the right of ownership of the delivered goods until full payment of all claims arising from the delivery contract. In the event of a breach of contract, we are entitled to demand the return of the purchased item. The customer is entitled to resell the reserved goods in the normal course of business.
Warranty
We guarantee that the delivered goods are free from defects at the time of delivery, according to the current state of technology, meaning that they are suitable for the intended use or for the ordinary use and have a quality that is customary for goods of the same kind.
If the customer is a business person or the delivered goods can be attributed to a commercial or self-employed professional activity, the warranty period for new goods or services is 12 months from the transfer of risk. The warranty period for used goods is excluded.
If the customer is an end consumer, the warranty periods are 24 months for new goods or services and 12 months for used goods.
The customer is obliged to check the goods for correctness and usability for his intended purposes at the latest after receipt and before further processing. Damages or defects resulting from improper use, storage, operation, faulty or negligent treatment are not covered by the warranty. The warranty also expires if the customer carries out interventions or repairs on his own responsibility for which he has not been expressly authorized. Obvious defects must be reported in writing immediately after receipt of the goods. If a defect becomes apparent later than 6 months after delivery, the customer must prove that the item was defective at the time of transfer of risk.
In the case of unjustified complaints, we reserve the right to charge a compensation for the testing measures carried out. The amount depends on the effort, but is at least 50 € (Euro).
Miscellaneous
Both the delivery contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). The place of performance and jurisdiction for all disputes arising from the delivery contract is Berlin. Changes or additions to the delivery contract require written form.
If individual provisions of the delivery contract or the 'General Terms and Conditions' published here are or become invalid or contain a gap, the remaining provisions shall remain unaffected.