Terms of Service / General Delivery
Terms
Terms of Use - Terms of INTERTRADE Pumpkin & Müller oHG
§ 1 General - Scope
§ 2 Conclusion
§ 3 Right of return of the consumer
§ 4 grace redemption
§ 5 Retention of title
§ 6 Delivery
§ 7 software, copyright and patent rights, licenses
§ 8 Payment
§ 9 default of the customer
§ 10 Transfer of Risk
§ 11 default liability of the seller
§ 12 Guarantee
§ 13 of the impossibility of performance
§ 14 Limitation of Liability
§ 15 Expiry
§ 16 Final provisions
§ 1 General - Scope
1. The terms apply to all current and future business.
2. Consumer sense of the terms and conditions are natural persons,
with whom a business relationship, without such a commercial or independent professional activity rate. Entrepreneurial sense of the terms and conditions are natural or legal person or legally responsible party with whom a business relationship is acting in the exercise of a commercial or independent professional activity. Individual sense of the terms and conditions are both consumers and entrepreneurs.
3. Deviating, contradictory or supplementary terms and conditions, even with knowledge, not part of the contract unless an agreement is made in writing. By accepting the goods, the customer accepts these terms and conditions. Conflicting conditions of purchase or other general conditions of the Customer are hereby rejected, it argued in any case only these terms. Side agreements, amendments and supplements to be effective in writing.
4. Offers are valid without prior arrangement only in Germany and Austria.
§ 2 Conclusion
1. Offers are non-binding. Orally provided information of our employees are only binding if confirmed in writing.
2. By placing an order the customer makes a binding intent to purchase the goods ordered.
The vendor is entitled to accept the contract offer within one week of receipt by the seller. The acceptance can be declared either in writing or by delivery to the customer.
3. the consumer goods electronically ordered, the receipt of the order will be confirmed immediately. The receipt does not constitute a binding acceptance of the order dar. The receipt can be attached to the declaration of acceptance.
4. If the consumer orders the goods electronically, the contract will be stored and sent to the customer on request together with these Conditions by e-mail.
5. The final contract is subject to the proper and timely delivery by suppliers to the seller. This only applies to the case that the non-delivery is not the responsibility of the vendor, especially when a congruent hedging transaction with the supplier.
The customer is informed of the unavailability of the service. The payment will be refunded immediately.
6. Technical changes and changes in form, color and / or weight are reserved to the extent reasonable.
7. The customer may not without the written consent of claims and rights under an existing contract with the Seller to assign or pledge.
§ 3 Right of return of the consumer
1. The consumer, in the case of the distance contract is concluded to return the goods without giving a reason within two weeks of receipt by returning the goods. The period begins with receipt of the goods and the receipt of the return. Only if not shipped by parcel (eg bulky goods) can also be explained by the return of redemption in text form, for example, by letter, fax or e-mail.
2. During this period it is sufficient to send the goods or the payment. In any case, the return is at risk and expense of the seller. The return or return request must be sent to INTERTRADE Pumpkin & Müller oHG, Külz Wilhelm-Strasse 100, D-01979 Lauchhammer.
3. In the case of effective return to the respective benefits received and any benefits (eg advantages) to be returned. In case of deterioration of the goods, compensation may be claimed. This does not apply if the deterioration of the goods to their examination - as it would have in a retail store, is due. Moreover, the liability for compensation to be avoided if the goods are not taken as an owner in use and omitting everything, which impairs their value.
4. The right of return is not open to the supply of goods to be produced to customer specification for software or the packaging has been (see also § 7 herein).
§ 4 grace redemption
1. Except in cases governed by law is the buyer of goods returned for credit (give or return) prior express written consent of the seller. The seller in this case is a claim for expenses and damages amounting to 20% of the value without VAT, at least in the amount of 15.00 EUR. Returns must make to the buyer in such cases at their own expense and at your own risk. The grace return is considered only if the goods be returned is complete and has no damage.
2. For special procurements covered by grace withdrawal plus the reimbursement of expenses referred to in paragraph 1 of a further re-stocking fee of 15% of the gross purchase price.
§ 5 Retention of title
1. For contracts with consumers, the seller retains title to the goods until full payment of the purchase price.
For contracts with companies, the seller retains title to the goods until full settlement of all claims of an ongoing business relationship.
2. The customer is obliged to handle the goods carefully. If maintenance and inspection work is required, the customer shall perform regularly at his own expense.
3. The customer must notify the seller of third party access to the goods, as in the case of a seizure, and any damage to or destruction of the goods immediately. A change in ownership of the merchandise as well as change of address us, the customer immediately.
4. The seller is entitled to breach of contract by the customer, especially in case of default or breach of a duty under Section 3 and 4 withdraw this provision from the contract and demand the goods.
5. The employer is entitled to resell the goods in the ordinary course of business. He enters the Seller already now all claims in the amount of the bill, which accrue through the sale to a third party. The seller accepts the assignment. After the assignment, the company is authorized to collect the debt. The seller reserves the right to collect the debt itself if the contractor does not meet his financial obligations and is in default.
6. The handling and processing of the goods by the entrepreneur in the name and on behalf of us. If processing is not belonging to us, we acquire in the new object, in proportion to the value of goods supplied by us to the other processed objects. The same applies if the goods are mixed with other items not belonging to us is.
§ 6 Delivery
1. Delivery dates and periods are binding only if confirmed in writing. Compliance with the obligation of delivery requires the timely and proper fulfillment of the obligations of the buyer. The defense of breach of contract.
2. Unless otherwise agreed, delivery is ex works, as agreed. Free shipping is only if and insofar as this is specified by the seller Sun
3. The seller is entitled to partial deliveries to make. In contracts with contractors, the Seller is entitled to make partial deliveries separately. In this case, the responsibility of the contractor to bear costs. The buyer may, at partial delivery of the whole contract only if the partial performance is of no interest.
§ 7 software, copyright and patent rights, licenses
1.The customer is assured to follow each review specific license conditions of the manufacturer. The Seller shall not act as licensor, but sells products which are used by the manufacturer is authorized under its terms.
2.The vendor does not warrant that the products sold violate any rights or copyrights of third parties. The customer will inform the seller immediately if any third party infringement of patents or other intellectual property rights claim.
3.Geöffnete software from the vendor not be returned because it formed part of applicable licensing law violation and open boxes of the seller can not be resold.
§ 8 Payment
1. The purchase price is binding. The fees are, unless otherwise agreed, on the delivery of the valid price list. The purchase price includes applicable sales tax is included. Compared with workshops, trade and other business owners, the purchase price will be reported on a net price. Delivery dates and periods are binding only if confirmed in writing.
2. The customer is referred to applicable shipping costs. The customer when ordering by using the remote means of communication without additional charge.
3. The customer has a right to compensation only if his counterclaims have been legally established or recognized by us.
The customer can only exercise if his claim is based on the same contract.
4. In contracts with contractors, the Seller reserves the right to change the prices after the conclusion of the contract cost reductions or cost increases, particularly due to collective agreements or material price changes. This demonstrated the contractor on demand.
5. Each payment of the customer is first on the owed interest on the recovery costs and / or administrative costs and then billed to the oldest outstanding principal.
§ 9 default of the customer
1. The price is due in full upon transfer of risk (see also § 9 AGB).
2. The customer agrees to pay upon receipt of the goods within 14 days of the purchase price (for confirmed customers) or acc. Zahlungsartauswahl the sales process. After this period the customer is in default. It can be arranged other payment methods
3. The consumer has to pay interest on defaulted debt at the rate of 5% above the base rate.
The entrepreneur has to pay interest on defaulted debt at the rate of 8% above the base rate. Compared with the contractor, we reserve the right to prove a higher loss and claim. The contractor is allowed to prove that the damage did not exceed 5% above the base interest rate.
4. The buyer is not entitled to make claims and rights to claim for defects if the buyer has not made payments due and the due amount in proportion to the value of - is flawed with delivery
5. The entrepreneur is in the case of the existence of deficiencies, a lien is not, unless the supply is obviously flawed, in that case, the entrepreneur is only entitled to withhold if the retained amount in proportion to the defects and the estimated cost the performance (in particular a defect).
§ 10 Transfer of Risk
For consumers, the supply is at risk of the seller. apply to businessmen as a risk transfer, the transfer to the 1 Carrier. A type of insurance covering can be applied for.
§ 11 default liability of the seller
1.Liegt for late delivery delay before the customer may request in the amount of proven damages for delay to a maximum for each full week of delay, up to 0.5% in the whole 5% of the value of the goods or services, because of the delay can not be put into proper operation or use can. Further claims for delay damages are excluded in the absence of intent or gross negligence on our part.
2. With regard to companies continue to delay damage claims are excluded, unless intent or gross negligence by the seller.
§ 12 Guarantee
1. If the buyer is a consumer, he has the choice whether the remedy by repair or replacement. The seller is entitled to refuse the remedy selected if it is only possible with disproportional costs and the other kind of performance without significant disadvantages for the consumer.
2. If the buyer, the seller provides for defective goods at its option by repair or replacement.
3. If subsequent performance fails, the customer is entitled, at his discretion reduce the purchase price (reduction) or cancellation of the contract (withdrawal). In a minor breach of contract, especially with only minor defects, the customer has no right of rescission.
4. Entrepreneurs have obvious defects within a period of one week from receipt of the merchandise display, otherwise the assertion of the warranty claim. To comply with the deadline.
5. Consumers must inform within a period of two months from the date on which the contractual condition of the product in question, in writing about obvious defects. Essential for the preservation of the period is the receipt of information with the seller. If the consumer fails, this information void, the warranty rights two months after his discovery of the defect. This is not fraud of the seller.
6. Choosing the entrepreneur because of a legal or material defect after a failed subsequent withdrawal from the contract, he is not entitled to claim damages for the defect. Choosing the contractor after failed subsequent damages, the goods remain with the customer if this is reasonable. The compensation is limited to the difference between purchase price and the value of the defective item. This does not apply where the breach was fraudulent.
7. If the buyer, applies in principle only the quality of the goods the Manufacturer agreed. Public statements, recommendations or advertisements of the manufacturer do not contractual specification of the goods dar.
8. Properties of the delivered items are only guaranteed insofar as how the vendor assurances expressly stated as such in writing.
9. If the customer receives defective assembly instructions, is the seller obligated only to supply a correct assembly instructions, and then only if the defect in the assembly instructions for the proper assembly.
10. Guarantees in the legal sense are not the customer by the seller. Manufacturer warranties are not affected.
§ 13 of the impossibility of performance
1. The seller is liable for the impossibility of delivery, in cases of intent or gross negligence of the Seller or any representative or agent in accordance with statutory provisions. Their liability in cases of gross negligence is limited to the foreseeable damage if not in one paragraph 3 of this provision exists exceptions listed.
2. The liability of the seller due to inability to compensation and reimbursement of expenses to a total of 5% of the value is limited in the delivery. Further claims of the buyer due to the impossibility of delivery are excluded.
3. The foregoing limitation does not apply if liability in cases of intent, gross negligence or injury of life, limb or health. The buyer's right to rescind the contract remains unaffected.
§ 14 Limitation of Liability
1. With slightly negligent breaches of duty, the liability is limited to the type of foreseeable, typical, direct average damage. This also applies for minor negligent breaches of duty by the legal representatives or agents.
Liable to entrepreneurs, the Seller not negligent breach of immaterial contractual obligations.
2. The above limitations do not affect claims of the customer from product liability. Further, the liability limitations for personal injury or damage to health or loss of life of the customer.
3. Damage claims by the customer due to a defect shall expire one year after delivery of the goods. This does not apply if the seller can be accused of gross negligence or malice, and in the event of bodily injury to health or loss of life of the customer.
§ 15 Expiry
1. For consumers, the limitation is two years from delivery of goods. For entrepreneurs, the warranty period is one year from date of delivery. For used items, the statute of limitations is one year from date of delivery. This does not apply if the customer has failed the defect in time.
2. Claims against the buyer purchase price payment are not affected by this limitation rule.
§ 16 Final provisions
1. The laws of the Federal Republic of Germany. The provisions of the CISG do not apply.
2. If the customer is merchant, legal entity under public law or public special estate, the exclusive jurisdiction for any disputes arising from this contract Senftenberg. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time of action are not known.
Lauchhammer 21.09.2010
