Terms and conditions

5.1 The shipping of goods takes places regularly via dispatch type sequence and to the delivery address as stated by the customer.

5.2 If the delivery to the customer is not possible, the commissioned transport company sends the goods, after the third unsuccessful delivery, back to the seller. For deliveries with DHL you will receive a notification and the package is stored in your post office until collection. If the goods is undeliverable or the goods are not collected, the customer has to pay for the unsuccessful delivery. This does not apply, if the customer is not responsible for the unsuccessful deliveries.

5.3 Basically, the risk of accidental loss and accidental deterioration of the sold goods passes on the delivery to the customer or an authorized recipient. Is the customer a entrepreneur (he acts in exercise of his commercial or independent professional activity; § 14 BGB), the risk of accidental loss and accidental deterioration in case of delivery by mail / post passes on the delivery of the goods at the business location of the seller to a qualified transport person.

5.4 Towards an entrepreneur apply all agreed delivery deadlines under reserve correct and on time delivery in cases where the seller has completed a hedging transaction and where the seller is not responsible for the lack of availability.
 

The delivered goods of the seller remain the property of the seller until full payment.

If a defect of the purchased good is existent, statutory provisions do apply:

Deviating of this applys:
7.1 For entrepreneurs
• Insignificant defects principally do not base claims for defects.
• The seller has the option of the kind of supplementary performance.
• The limitation period for defects in case of new goods is one year from passing of risk.
• Rights and claims on the basis of defects for used products are principally excluded.
• The limitation period does not start again, if a compensation delivery in the context of liability for defects was made

7.2 For consumer is the limitation period for claims for defects

• for new goods two years after delivery of the goods to the customer.
• for used goods one year from the delivery of the goods to the customer.

7.3 For entrepreneurs, the statutory limitation periods for the contribution claim will remain unaffected (see § 478 BGB), the same does apply for entrepreneurs and consumer in the case of deliberated breach of duty and fraudulent concealment of a defect.

7.4 Moreover, for entrepreneurs and consumers apply that the following limitations of liability in points 6.1 and 6.2 does not relate to claims for special damages and reimbursement of expenses that the customer can claim, according to statutory provisions, due to defects. For these claims applies point 8.

7.5 Is the customer a merchant, in terms of § 1 HGB, he has the obligation to inspect and to give notice of defects according to § 377 HGB. If the customer fails this duty to give notice, the goods are deemed as approved.

7.6 Is the customer a consumer, he is requested to reclaim the delivered goods with obvious transport damages at the deliverer / postman and to notify the seller of this. If the customer fails to do so, it does not have an effect on his statutory or contractual claims for defects.

7.7 If the supplementary performance was made in the way of compensation delivery, the customer is obligated to send the first sent goods on his own costs within 30 days back to the seller. The return of the defective goods has to be done according to statutory provisions. If the seller delivers free of defects goods for the purpose of supplementary performance, the seller can claim compensation for use, according to § 346 para. 1 BGB), from the customer. Other legal claims remain unaffected.

7.8 The assignation of claims for defects of the customer is excluded.

8.1 The seller shall be unlimited liable, on whatever legal grounds, for injury to life, body or health, deliberate action or gross negligence, fraudulent intent and warranty promise and when the liability follows statutory provisions, such as Product Liability Law.

8.2 Apart from that, the seller is liable for whatever legal grounds as follows:

8.3 In case the seller violated negligently a essential, contractual duty (so-called cardinal duty), the duty of replacement for damages is limited to the predictable, typically resulting average damage.

8.4 In case the seller violated a unessential contractual duty, the duty of replacement is limited to the contract value.

9.1

To fullfill the obligation of the packaging ordinance the seller affiliates to the disposal service provider Zentek GmbH & Co. KG  Ettore-Bugatti-Str. 6-14  in D-51149 Köln.

10.1 For all legal relationships of the parties is the law of the German Federal Republic applicable, to the exclusion of laws on international purchasing of movables.
10.2 Is the customer a merchant, a legal body of public law or a special fund under public law, the solely court of jurisdiction for all disputes of this contract is the place of business of the seller.
The same applies, if the customer does not have a general court of jurisdiction in Germany or the EU or if his habitual residence is not known at the time of the commencement of proceedings. The authorization to call the court of law at another court of jurisdiction remains unaffected.
10.3 The contract language is German.