Terms and Conditions

Delivery time / Delayed delivery / Partial deliveries

1. The agreed delivery time results from the agreements between the contracting parties. Compliance with this delivery time requires that all commercial and technical issues between the parties have been clarified at the time the contract is concluded. The customer must also fulfil all obligations incumbent upon them, such as submitting the necessary certificates or approvals and making a down payment. If this is not the case, the delivery time shall be extended appropriately, provided that we are not responsible for the delay.
2. The fulfilment of our delivery obligation also requires that the customer fulfils their obligations in a timely and proper manner. We reserve the right to raise the defence of non-performance of the contract.
3. The delivery period shall be deemed to have been met if the delivery item has left the supplier's premises by the end of the delivery period or notification has been given that the item is ready for dispatch/collection.
4. If non-compliance with the delivery time is due to force majeure, industrial disputes or other events beyond our control, the delivery time shall be extended accordingly. We shall notify the customer of the beginning and end of such circumstances as soon as possible.
5. In the case of divisible services, we shall be entitled to provide reasonable partial services, which may be invoiced separately.
6. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we may assert claims for damages incurred, including any additional costs. We reserve the right to assert further claims or rights.
7. In the event of default of acceptance, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer as soon as the customer is in default of acceptance or payment.
8. Further legal claims and rights of the customer remain unaffected.
9. Returns of delivered goods are generally not possible.

Transfer of risk and acceptance

1. Unless otherwise specified in the contract/order confirmation, delivery shall be ‘ex works’. The goods shall be shipped at the customer's risk, including the risk of accidental loss.
2. The risk shall pass to the customer at the latest upon dispatch of the delivery, even if partial deliveries are made or the supplier has assumed additional services such as shipping costs, delivery and installation. At the customer's request, the shipment may be insured by the supplier at the customer's expense against theft, breakage, transport, fire and water damage, as well as other insurable risks.
3. If dispatch is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer on the day the goods are ready for dispatch. However, the supplier shall be obliged to take out the necessary insurance at the customer's request and expense.
4. The customer is obliged to accept delivered items, even if they have minor defects, without prejudice to the rights set out in Section VII.
5. Partial deliveries are permitted.

Retention of title / Transfer of ownership

1. We reserve title to the deliveries until all claims arising from the respective delivery contract and all other claims against the customer existing at the time of conclusion of the contract have been paid in full, irrespective of the legal basis. In the case of current accounts, the reserved title shall serve as security for our balance claim. The customer may not pledge the goods subject to retention of title or assign them as security. In the event of credited resale of the goods subject to retention of title, the customer is obliged to safeguard our rights.
2. If the goods are seized, confiscated or otherwise claimed by third parties at the customer's premises, the customer must immediately inform the third party of the retention of title and notify us in writing of the claim so that we can take legal action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the costs of legal action in accordance with § 771 ZPO, the customer shall be liable for the loss incurred.
3. The customer may resell the goods delivered under reservation of title in the ordinary course of business. This authorisation shall expire if the customer suspends payments. The customer hereby assigns to us as security all claims arising from the resale of the goods subject to retention of title at the respective invoice value including value added tax until our claims have been paid in full. We accept this assignment. Even after the assignment, the customer remains authorised to collect the claim and to realise the securities at their own expense. We undertake not to collect the claim as long as the customer meets their payment obligations and no application for the opening of composition or insolvency proceedings has been filed.
4. The customer also assigns to us any claims to secure our claims against him that arise against a third party as a result of the delivery item being connected to a piece of land.
5. Der Kunde hat die Pflicht, die Lieferungen pfleglich zu behandeln und auf eigene Kosten ausreichend gegen Feuer-, Wasser- und Diebstahlschäden zu versichern. Bei Verlust, Untergang oder Beschädigung der Vorbehaltsware muss der Kunde uns unverzüglich informieren und sämtliche relevanten Schadenunterlagen, wie Schadengutachten, auf Verlangen zur Verfügung stellen. Der Kunde hat uns nach Wahl entweder den Versicherungsschein oder einen vom Versicherer für die Vorbehaltsware ausgestellten Sicherungsschein zu übergeben.
6. In the event of breaches of duty by the customer, in particular in the event of default in payment, we shall be entitled to take back the delivery item. The taking back of the delivery item by us shall be deemed a withdrawal from the contract. After taking back the delivery item, we shall be entitled to sell it, whereby the proceeds shall be offset against the customer's liabilities, less reasonable costs of sale.
7. We undertake to release the securities to which we are entitled at the customer's request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

Alternative dispute resolution:

1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr. We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions of ‘Conclusion of the contract’ in our General Terms and Conditions (Part I).
3. Contract language, contract text storag
3.1. The contract language is German.
3.2. We do not store the complete text of the contract. Before submitting the order via the online shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. For enquiries outside the online shopping basket system, you will receive all contract details in a binding offer in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers and the shipping costs represent total prices, including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price and will be shown separately during the ordering process.
5.3. You shall bear the costs of the money transfer (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
6. Delivery terms
6.1. The delivery terms, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. For consumers, the risk of accidental loss and accidental deterioration of the goods during shipment is only transferred to you upon delivery of the goods, unless you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory liability for defects
Liability for defects is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information were drawn up by the Händlerbund's lawyers specialising in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.