Terms of service
General Terms and Conditions (GTC)
Content
§ 1 Scope of application
§ 2 Contract conclusion and languages
§ 3 Right of withdrawal for consumers
§ 4 Terms of delivery and reservation of advance payment
§ 5 Prices and delivery costs
§ 6 Terms of payment, set-off and right of retention
§ 7 Reservation of proprietary rights
§ 8 Guarantee
§ 9 Liability
§ 10 Transport damages
§ 11 Applicable law and place of jurisdiction
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us
Niemann + Frey GmbH
Adolf-Dembach-Str. 24
D-47829 Krefeld
Directors: Gerd Frey, Thomas Schild
Registered office and register court: Krefeld Local Court, HRB 16253
and you as our customer. The GTC apply irrespective of whether you are a consumer, entrepreneur or merchant.
(2) Customers within the meaning of the above sales conditions are both consumers and entrepreneurs:
a. A consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that cannot be attributed either to their commercial or to their self-employed professional activity.
b. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity with which a business relationship is entered into and who acts in the exercise of their commercial or self-employed professional activity.
(3) All agreements made between you and us in connection with the sales contract result in particular from these terms of sale and the respective order documents. The version of the General Terms and Conditions valid at the time of contract conclusion is decisive.
(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to their inclusion.
§ 2 Contract conclusion and languages
(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract. By clicking on the "Order" button and sending an order via the online shop, you place a legally binding order. You are bound to the order for a period of one (1) week after placing the order. Any existing right of withdrawal for consumers remains unaffected by this. We will immediately confirm the receipt of your order placed via our online shop by e-mail, although this is not yet a declaration of acceptance. However, it can be connected to it.
(2) Should delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will immediately inform you and refund any payments already received without delay.
(3) The contractual languages are German and English.
§ 3 Right of withdrawal for consumers
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2) If you as a consumer make use of your legal right of withdrawal, you must pay the standard return costs. In all other respects the regulations, which are set out in detail in the withdrawal policy, apply to the right of withdrawal.
§ 4 Terms of delivery and reservation of advance payment
(1) We are entitled to make partial deliveries if this is acceptable to you.
(2) The respective delivery times are indicated on the respective product page. The delivery period is generally approximately three (3) to five (5) working days unless otherwise agreed. It begins – subject to the provision in para. (3) – on contract conclusion.
(3) In the case of orders from customers with their place of residence or business abroad or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price together with delivery costs (reservation of advance payment). If we make use of reservation of advance payment, we will inform you immediately. In this case the delivery period begins on payment of the purchase price and the shipping costs.
(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to them as soon as the consignment is handed over to the person performing the transport. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods passes to the consumer when the goods are handed over to the consumer.
§ 5 Prices and delivery costs
(1) All the prices quoted in our online shop are gross prices including VAT and do not include delivery costs.
(2) Delivery costs are indicated in the price information in our online shop. The price including VAT and delivery costs will also be displayed in the order form before you submit the order.
(3) If we fulfil your order according to section 4 para. (1) by means of partial deliveries, you will only incur delivery costs for the first partial delivery. If the partial deliveries are made at your request, we charge delivery costs for each partial delivery.
(4) If you effectively withdraw your contract declaration, you may, pursuant to statutory requirements, demand reimbursement of costs already paid for delivery to you (sending costs). Because of the other consequences of withdrawal, reference is made to the information on withdrawal.
§ 6 Terms of payment, set-off and right of retention
(1) The purchase price and the delivery costs are to be paid within two (2) weeks from receipt of our invoice at the latest.
(2) You can transfer the purchase price and delivery costs to our account indicated in the online shop, grant us a direct debit authorization, pay by EC/Maestro or credit card, by direct bank transfer or by PayPal. In the event of a direct debit authorization or payment by EC/Maestro or credit card, we will debit your account at the earliest on the date specified in para. (1). Once a direct debit authorization has been granted, it will also apply to further orders until revoked.
(3) You are not entitled to offset against our claims, unless your counterclaims are legally established or undisputed. You are entitled to offset against our claims if you give notice of defects or assert counterclaims from the same purchase contract.
(4) As a purchaser you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Reservation of proprietary rights
(1) The delivered goods remain our property until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our prior consent.
(2) If the customer is an entrepreneur, we reserve title to the goods until all our claims against the customer arising from the business relationship have been fulfilled.
§ 8 Guarantee
(1) We shall be liable for material defects or defects of title with respect to delivered articles in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims is two years and begins with the delivery of the goods. If the customer is an entrepreneur, the limitation period for statutory claims for defects is one year from delivery of the goods.
(2) Any vendor warranties given by us for certain articles or manufacturer warranties granted by the manufacturers of certain articles are supplementary to claims for material defects or defects of title within the meaning of para. (1). Details of the scope of such warranties can be found in the respective warranty conditions.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenditures.
(2) In other cases – unless otherwise provided for in paragraph (3) – we shall only be liable in the event of breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on whose compliance you as the customer may regularly rely (the so-called cardinal obligation), with our liability limited to compensation for the foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in para. (3).
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 10 Transport damages
If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible. Failure to make a complaint or to contact us according to sentence 1 has no consequences for your statutory warranty rights. However, making a complaint and contacting us will help us to assert our own claims against the carrier or transport insurance company.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your usual place of residence in another country at the time of your order, the application of the mandatory statutory provisions of this country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller in Krefeld. In all other respects, the applicable legal provisions shall apply to the local and international jurisdictions.
Date: 12/2019