General Terms and Conditions (of Sale and Delivery)
Terms and Conditions
The following terms and conditions apply for all orders from entrepreneurs (including commercial companies, authorities, as well as church and social institutions) within the meaning of Section 14 of the German Civil Code (BGB) or in accordance with analogous European guidelines - hereinafter referred to as "you" - on our website
and the goods presented on their respective subpages.
Individual contractual agreements have priority over these Terms and Conditions, but require our confirmation in text form to be effective.
Purchasing conditions or other terms and conditions of our contractual partners are hereby expressly rejected. They do not bind us even if we do not expressly object to them when concluding the contract.
Unless otherwise agreed, they also apply to all future transactions with us.
2. Notice to Consumers
We expressly point out, that consumers within the meaning of Section 13 of the German Civil Code (BGB) are not entitled to place orders via the goods presented on our website
as well as the goods presented on their respective subpages. We reject an offer made on the basis of such an order.
As a consumer, you can choose from our range in our shop at:
subject to the terms and conditions:
3. Contractual partner, conclusion of contract
The purchase contract is concluded with:
Kulmbacher Strasse 15
Our offers are non-committal and non-binding.
Your order represents an offer to conclude a purchase contract with us.
The contract is only concluded through our order confirmation or through the execution of the order.
4. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data by e-mail. You can view the terms and conditions at any time on this page. For security reasons, the text of the contract is no longer accessible via the Internet.
5. Prices, terms of payment
The prices are ex works plus a share of packaging costs and the applicable VAT rate. Any ancillary costs such as shipping or freight costs, insurance, taxes, customs duties, levies and other ancillary costs will also be charged at the applicable value added tax and passed on to you.
Our invoices are payable 30 days after the invoice date, without any deductions, in cash. If this payment period is exceeded, we are entitled, without a reminder, to demand interest of 2% above the current discount rate of the Deutsche Bundesbank, subject to the right to assert further damage caused by delay. Unless otherwise agreed, we grant a 2% discount for cash payments within 8 days of the invoice date, provided that previous invoices have been settled.
Bills of exchange (only with a maximum term of 120 days after the invoice date) and checks are only accepted on account of payment. Discount, bill of exchange charges, bill of exchange tax and collection costs are at the expense of the customer. We do not grant any discount for payments by bill of exchange.
In case of reducing or increasing our prices in the period between the conclusion of the contract and delivery, the price valid on the day the contract was concluded will be charged.
We reserve the right to use payments to settle the oldest invoice items, plus the accrued default interest and costs, in the order: costs, interest, principal claim.
Offsetting against other counterclaims that are undisputed or legally established, as well as the exercise of rights to refuse performance and rights of retention against purchase price claims require our consent.
If there are doubts about your ability to pay, especially if you are in arrears, we are entitled, subject to further claims, to demand advance payments and securities for further services and to revoke granted payment terms.
In the case of initial orders, we reserve the right to deliver goods only against prepayment or cash on delivery.
6. Delivery, obstacles to contract
Delivery times are non-binding unless otherwise expressly agreed in individual cases. Partial deliveries are permitted. If a fixed delivery date has been agreed, you must set a reasonable grace period of at least 4 weeks in the event of our delay. If the delivery does not take place by the end of the grace period, you have the right to withdraw from the contract.
Agreed delivery periods apply subject to the general possibility of production and subject to timely and correct self-delivery.
Force majeure of any kind, operational or traffic disruptions, shortages of labour, energy, raw materials and auxiliary materials, strikes, lockouts, disruptions in shipping or deliveries by sub-suppliers, official orders or other obstacles that reduce production or shipping , prevent or become unreasonable, release us from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events also entitle us to withdraw from the contract in whole or in part without you being entitled to any compensation. If such events occur, you are entitled to withdraw from the contract after a reasonable period of grace has expired. You cannot assert any further rights in this case.
Shipping is ex works or warehouse at your expense and risk.
Delays in dispatch for which you are responsible, the risk already passes when the notification of readiness for dispatch is given.
If you do not accept the goods, we are entitled, after setting a grace period of 10 days, to withdraw from the contract or to demand compensation for non-performance. In the latter case, we are entitled to demand 25% of the purchase price as compensation for the damage actually incurred. You are free to prove that the damage did not occur or did not occur in the required amount.
7. General right of return and/or exchange
There is no general right of return and/or exchange (e.g. due to wrong order or not liking).
If, as an exception, we allow returns as a gesture of goodwill on the basis of a special agreement, the following applies: You must inform us of your return request within a period of 14 (fourteen) days after the delivery date. We will check your return request (e.g. because you ordered the wrong item or if you do not like it). We will then immediately inform you of the return options and the return modalities. In this case, you will bear the costs of sending and returning the goods as well as any processing fee that may be charged. The return is at your risk. Shipments not prepaid will not be accepted.
As a precaution, we would like to point out that a return and/or exchange option for goods manufactured according to your specifications, special offers and used goods is a fortiori excluded.
8. Retention of Title
We reserve ownership of the delivered goods until all our claims from the current and future business relationship with you have been paid in full. Receipt of the equivalent value by us counts as payment.
In the event of default of payment or breach of the buyer's obligations resulting from the agreed retention of title, we are entitled, even without exercising our right of withdrawal and without setting a grace period, to demand the surrender of the goods owned by us at your expense and to collect them from you. Furthermore, the entire remaining debt is due for payment immediately. The seizure of the delivered goods by us does not count as withdrawal from the contract. We are entitled to sell the goods that have been handed over to the best of our ability after giving a reasonable period of notice and offsetting them against the purchase price. You shall bear all the costs of taking back and disposing of the goods. The exploitation costs amount to 10% of the proceeds from the exploitation including sales tax. You are free to prove that the costs were not incurred or not in the required amount.
You are entitled to dispose of the goods that are our property in the ordinary course of business, as long as you meet your obligations from the business relationship with us in good time. In the case of resale, you must make the transfer of ownership dependent on full payment for the goods by your customer. The right to resell does not apply if you stop paying.
All claims from the sale of goods to which we have property rights are already assigned to us as security to the extent of our ownership share in the goods sold.
At our request, you will provide all necessary information about the inventory of the goods owned by us and about the claims assigned to us in accordance with Section 4 (in particular by submitting copies of the invoices to your customers) and your customers of the assignment to notify. In such cases, however, we are also entitled to notify your customers of the assignment of their claim to us and to collect the claim.
Seizure or confiscation of the goods subject to retention of title by third parties must be reported to us immediately; Any resulting intervention costs are at your expense.
If the value of the securities exceeds our claim by more than 25%, we will release securities of our choice at your request.
9. Liability for Defects
Notices of defects will only be taken into account if they are raised immediately.
However, obvious transport damage must be reported in writing immediately upon receipt of the goods, but no later than within 2 working days.
Goods that have been the subject of a complaint may only be returned with our consent.
We provide a guarantee for recognizable and hidden defects as well as for the lack of guaranteed properties within 6 months after receipt of the goods, excluding the right to a reduction in price, in such a way that we can choose to repair the goods free of charge, exchange them or take them back against reimbursement of the purchase price. Our warranty obligation expires if the delivered goods are modified or treated improperly.
10. Liability for Damages
Our liability is limited to intent and gross negligence subject to the following provisions. Our liability for your damage resulting from injury to life, limb or health and damage under the Product Liability Act is unlimited in accordance with the statutory provisions. This also applies to damage caused by our vicarious agents.
Insofar as we are not liable on the basis of an assumed guarantee, liability for claims for damages is otherwise limited as follows:
We are only liable for damage caused by slight negligence if this is based on the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are such contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you could rely. Our liability for simple negligence according to this regulation is limited to the typically foreseeable damage.
The provisions of the above paragraph also apply accordingly to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
11. Applicable law, place of performance and place of jurisdiction, effectiveness clause, use of data
The law of the Federal Republic of Germany applies exclusively to contracts concluded in accordance with these General Terms and Conditions, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, Vienna UN Sales Convention).
Place of performance is HIMMELKRON.
Place of jurisdiction is BAYREUTH or, at our option, your general place of jurisdiction.
If individual provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. An effective regulation is deemed to be replaced by a regulation that comes closest to the economic purpose of the ineffective regulation and is effective.
We are entitled to process the data received about you in relation to the business relationship or in connection with this, regardless of whether it originates from you or from third parties, within the meaning of the Federal Data Protection Act. Note according to §33 BDSG: We process your data for order processing and customer support within the framework of the BDSG with computer support.
Kulmbacher Str. 15
WEEE‐registry ElektroG No. 45469848