1) These terms and
conditions of business of ours apply to all present and future business
relations, as well as all information provided in connection herewith
in brochures, price lists, advertisements etc., regardless of whether
this takes place orally, in writing or an the Internet. We are entitled
to change these terms and conditions of business at any time with future
2) Within these terms
and conditions of business, individual customers are natura) persons,
with whom a business relationship has been entered into, without a commercial
or self-employed professional activity being able to be attributed to
3) Within these terms
and conditions of business, business customers are natura) or legal persons
or partnerships with legal status, with whom a business relationship has
been entered into, which act in carrying out a commercial or self-employed
4) Within the Standard
terms and conditions of business, customer includes both individual customers
and business customers.
5) Standard terms
and conditions of business that differ from, are contrary to, or supplement
these, even where this is known, do not form part of the.contract unless
their applicability is expressly agreed in writing.
II. Offers, prices, conclusion of contract
1) Our offers are
subject to change without notice. The right to technical alterations as
well as alterations in shape, colour and/or weight within the framework
of what is reasonably acceptable is reserved. Products (in particular
third-party products) may be altered by us at any time provided that the
products altered do not show any reduced functionality and performance
and the alteration can be reasonably accepted by the customer.
2) With the order
the customer makes a binding declaration of wanting to acquire the goods
or services ordered. We are entitled to accept the offer of contract contained
within the order within two weeks of its receipt by us. The declaration
of acceptance can be made either in writing or by supplying the goods.
3) If the individual
customer makes an order by electronic means we shall confirm the receipt
of the order without delay. The confirmation of receipt does not in itself
represent a binding acceptance of the order. The confirmation of receipt
can, however, be combined with the declaration of accepting the order.
4) The conclusion
of the contract takes place subject to the reservation (condition precedent)
of delivery that is correct and in good time by our suppliers. This applies
only in the event that the non-delivery does not lie within our area of
responsibility, in particular in the case of the conclusion of a congruent
covering transaction with our supplier. The customer will be informed
without delay of the non-availability of the service. A counter-performance
already provided will be refunded without delay in this case.
5) If the individual
customer has ordered by electronic means, the text of the agreement will
be stored by us and sent to the customer an demand by e-mail in addition
to the present standard terms and conditions of business.
6) The prices notified
by us include, unless otherwise indicated, in addition to the prevailing
value added tax at the time of supply, the costs of packing, delivery,
insurance and other additional costs. We reserve the right to make a corresponding
adjustment of prices, with effect for future transactions, in the event
of a change in exchange rates, customs duties, taxes, freight and insurance
7) Delivery times
are agreed only approximately, in so far as an explicit assurance of a
fixed appointment is not made. The place of delivery is the place indicated
in the confirmation of the order.
III. Right of cancellation and right to return the goods in the case of
distance sales aqreements
1) The individual
customer has the right to cancel his declaration of intent made with the
conclusion of the agreement within two weeks of receipt of the goods.
The notice of cancellation does not require a reason and is to be made
in writing or by sending back the goods to the vendor; sending back the
goods within the legal time limit is sufficient for observance of the
2) The individual
customer is obliged in exercising the right of cancellation to return
the goods, if they can be sent by letter, packet or parcel. In exercising
the right to cancellation the individual customer bears the cost of returning
the goods when the order value is up to EUR 40.00, unless the goods supplied
do not correspond to
the goods ordered.
When the order value is over EUR 40.00, the individual customer does not
have to bear the costs of return.
3) The individual
customer must provide a replacement in value for a deterioration of the
goods caused by initial Operation according to the conditions. The individual
customer should check the goods carefully. The individual customer must
bear the cost of the loss in value caused by use going beyond mere checking
that Ieads to the goods no longer being able to be sold as "new".
4) No right of cancellation
in the case of distance sales contracts exists in the Gase of:
a) supply of goods
that are produced or assembled according to the customers specifications
or are definitely tailored to personal needs or an the basis of their
quality are not suitable to be returned or have exceeded their expiry
b) supply of audio
or video recordings, DVDs or software, if the individual customer has
removed the seals from the data carriers supplied;
c) supply of newspapers,
periodicals and magazines. IV. Payment
1) The price offered by us is binding for 14 days from being issued. The
legal rate of value added tax is not included in the purchase price. In
the case of sale by delivery the purchase price additionally includes
a dispatch fat-rate cost of EUR 4,50. The customer does not incur any additional
costs by ordering through the use of means of remote communication. The
customer can pay the purchase price by cash an delivery, payment in advance
or credit card.
2) The individual
customer must pay interest of 5% above the base interest rate of the German
Central Bank [Deutsche Bundesbank] while in arrears with the Bebt. The
business customer must pay interest of 8% above the base interest rate
of the German Central Bank [Deutsche Bundesbank] while in arrears with
the debt. In the case of the business customer we reserve the right to
prove and assert a claim of higher damage caused by default.
3) The customer has
a right to offsetting, only when his counter-claims have been legally
established or recognised by us in writing. The customer can exercise
a right of retention only if the counter-claim is based an the same contractual
1) lf the purchaser
is a business customer, the risk of accidental perishing or loss and deterioration
of the goods takes place with the handing-over; in the case of dispatch,
with the supply of the item to the delivery company, freight carrier,
or to the person or institution otherwise specified for the dispatch to
2) It is equivalent
to a transfer of risk, if the purchaser delays accepting the item. Vl.
1) If the purchaser
is a business customer, we first of all provide a guarantee for defects
of the goods through subsequent improvement or supply of a replacement
at our choice.
2) lf the purchaser
is an individual customer, he first of all has the choice whether the
subsequent performance of service is to take place through subsequent
improvement or supply of a replacement. We are, however, entitled to refuse
the type of subsequent performance of service chosen, if it is possible
only with disproportionate costs and the other choice of subsequent performance
of service is without substantial disadvantages for the individual customer.
3) If the subsequent
performance of service fails, the customer can in principle demand according
to his choice a reduction of payment or withdrawal from the contract.
In the case of a breach of the contract that is only minor, in particular
for only minor defects, the customer is, however, not entitled to a right
4) Business customers
must notify us in writing within a limit of two weeks from receipt of
the goods of obvious defects; otherwise the assertion of a claim under
the guarantee is excluded. For complying with the deadline the dispatch
within the correct time limit suffices for notification of the defects.
The whole burden of proof for all conditions of the claim, in particular
for the defect itself, for the time of establishing the defect and the
notification of complaint about defects within the correct time limit,
is borne by the business customer. Individual customers must provide written
information concerning obvious defects within a time-limit of two months
from the date an which the state of the goods being contrary to the contract
was established. The date of the receipt of the information by us defines
whether the deadline
has been met. If the individual customer fails to supply this information,
the rights under the guarantee expire two months after the customer has
established the defect. This does not apply in the event of malicious
intent an the part of the vendor. The individual customer bears the burden
of proof for the date of establishing the defect. If the individual customer
was induced to buy the item by inappropriate statements of the manufacturer,
he bears the burden of proof for his decision to buy. In the case of used
goods the individual customer bears the burden of proof for the defectiveness
of the object. The provisions in accordance with §§ 373 HGB
[Handelsgesetzbuch - the German Commercial Code] are not affected by these
5) If the customer
chooses to withdraw from the contract because of a legal or material defect
after a failed attempt at
subsequent performance of service, he is not additionally entitled to
a claim for compensation because of the defect.
6) If the customer
chooses compensation after a failed attempt at subsequent performance
of service, the goods remain with the customer if this is acceptable to
him. The compensation is limited to the difference between the purchase
price and the value of the defective item. This does not apply if we have
caused the breach of the contract with malicious intent.
7) For business customers
the period of guarantee is one year from the delivery of the goods. For
individual customers the period of guarantee is two years from the delivery
of goods. In the case of used items the period of expiry is one year from
the supply of the goods. This does not apply if the customer has not notified
us in good time of the defect (paragraph 4 of this provision).
8) If the purchaser
is a business customer, only the manufacturers description of the product
counts in principle as the quality of the goods. The manufacturers public
statements, sales talk or advertising do not additionally represent information
in accordance with the contract about the quality of the goods.
9) If the customer
receives defective installation instructions, we are merely obliged to
supply Installation instructions that are not defective, and even these
only if the defect in the installation instructions is an obstacle to
the correct installation.
10) The customer does
not receive guarantees within the terms of the law through us. Manufacturers
guarantees are not affected by this.
11) We do not have
to take responsibility for tlie non-fulfilment of contractual duties in
so far as the non-fulfilment is based an an obstacle lying outside our
area of performance (e.g. non-supply of delivery components, natural disasters,
measures by the authorities). Agreed deadlines for performance of service
are considered to be correspondingly extended. If the reason for the obstacle
lasts longer than three months, each party is entitled to terminate the
contract without complying with a period of notice. Claims that go further
VII. Restrictions of liabilitv
1) In the event of
minor negligent breaches of duty our liability is restricted to the foreseeable,
contractually typical, immediate average damage according to the type
of goods or services. This also applies to minor negligent breaches of
duty of our legal representatives or auxiliary workers for which we have
liability. Our liability is excluded in so far as the damage that arose
could have been prevented by the customers taking reasonable measures
to reduce the damage, e.g. by regular backing-up of data or installation
in the Operation of the equipment.
2) We are not liable
to business customers in the event of minor negligent breaches of inessential
3) The preceding restrictions
of liability do not affect claims of the customer arising from product
liability. Furthermore, the restrictions of liability do not apply in
the event of damage to body or health attributable to us or in the event
of the loss of life of the customer.
4) The customers
claims for compensation because of a defect expire one year after the
delivery of the goods. This does not apply if we can be accused of gross
negligence as well as in the event of damage to body or health attributable
to us or in the event of the loss of life of the customer.
For software supplied by us the conditions of the respective licence agreement
apply. These are enclosed with the respective product. The customer expressly
declares his acceptance of these.