General Terms and Conditions for all Customers
§ 1 General
These general terms and conditions apply to all customers. Our supplementary agreements and
agreements amending these general terms and conditions as well as our general terms and conditions for businesses take
precedence over these provisions if they deviate from them.
§ 2 Scope
1. The offer, the order and the contractual relationship are
based exclusively on our General Terms and Conditions. These General Terms and Conditions also apply to all future transactions between the contracting parties without
the need for a further reference to the General Terms and Conditions.
2. Differing, conflicting or supplementary general terms and conditions shall not become part of the contract, even if known,
unless their validity is expressly agreed to in writing. Section 1 remains unaffected.
§ 3 Quality of the goods
The quality of the goods supplied corresponds to the general commercial DIN standards. All samples, specimens and information on
analysis data provide non-binding indications of the average quality of the goods. Deviations within the usual commercial
scope are permissible. Reference to such standards, objects and data does not constitute a guarantee by us as the seller.
§ 4 Conclusion of Contract
1. Our offers are subject to change without notice. The right to prior sale remains reserved.
2. The offers are valid while stocks last. We reserve the right to make changes to the design, color or technical aspects of the product without prior notice, which are expressly intended to improve the quality of the product. Images published on the Internet do
not necessarily correspond to the color fastness or may be similar.
3. For orders with PayPal, credit card, Giropay or Sofortüberweisung payment methods, your order is accepted when you
are asked to pay in the checkout. We would like to point out that we reserve the right to contest
the purchase contract in the event of an error, e.g. a technical pricing error, etc.
4. By ordering a product, the customer declares bindingly that he or she wishes to purchase the ordered product.
5. We are entitled to accept the contractual offer contained in the order within 7 days of the customer sending it
. Acceptance can be declared either in writing or by delivering the goods to the customer.
6. The customer can select products, in particular building materials, from the provider's range and
collect them in a so-called shopping cart by clicking on the "add to cart" button. By clicking on the "order with payment" button, the customer submits a
binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can
change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the
"accept terms and conditions" button and has thereby included them in his application.
7. If the customer orders the goods electronically, we will confirm receipt of the order immediately. The
confirmation of receipt does not constitute a binding acceptance of the order.
8. The contract is concluded subject to the correct and timely delivery by our suppliers. This only applies
in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded
with our supplier. If the customer orders the goods electronically, the contract text will be saved by us and
sent to the customer by email on request along with these General Terms and Conditions.
9. The customer will be informed immediately if the service is not available. The consideration will be refunded immediately.
§ 5 Retention of Title
1. The goods remain our property until the purchase price has been paid in full.
2. If the goods are mixed, blended or combined with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the quantity of the goods delivered by us to the goods not owned by us with which our goods were mixed, blended or combined. The same applies if the goods were processed with other items that do not belong to us.
3. The customer is obliged to inform us immediately of any third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of his own change of residence.
4. We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular if payment is delayed or if an obligation under Section 5 No. 3 of these provisions is violated.
§ 6 Data Protection
The personal data of our customers is collected, processed and used in accordance with the Federal Data Protection Act. We only process or use personal data that is required to establish or change a contractual relationship with the user, including its content, as well as personal data for the provision and delivery of the contractual service, if the customer has consented or a legal provision allows it. The customer consents to us transmitting his personal data to third parties whom we commission to fulfill the contractual obligations to the customer, insofar as this is necessary to implement the contractual relationship with the customer or for billing purposes.
§ 7 Prices / Payment
1. All payments are made in euros.
2. The purchase price includes statutory sales tax.
3. The deduction of a discount requires a special written agreement.
4. We are entitled to change our prices accordingly if, after conclusion of the contract with an agreed delivery time of more than three months, our purchase prices, manufacturing, personnel or transport costs increase. If the price increases by more than 10%, the customer can withdraw from the contract within two weeks of notification of the price increase, but no later than before the notified delivery date.
5. We may also charge a reasonable additional charge for partial deliveries if we were not aware at the time the order was placed that the goods were to be delivered in certain partial lots.
6. In the case of a cash purchase, the purchase price is due immediately upon receipt of the goods without deduction.
7. Invoices are generally due for payment immediately upon receipt without deduction, unless an individual arrangement has been made. After a period of 30 days or after a reminder, the customer is in default of payment. In the event of default, reminders will be charged at € 5.00.
8. Settlement of invoices by cheque or bill of exchange is considered payment and requires our approval; discount, bill of exchange charges and costs are borne by the customer.
9. In the event of payment difficulties on the part of the customer, in particular in the event of late payment or protest of a cheque or bill of exchange, the seller is entitled to only carry out further deliveries against advance payment, to make all outstanding and deferred invoice amounts immediately due and payable and to demand cash payment or security against bills of exchange accepted for return payment.
10. Our invoices are deemed to be accepted unless we receive a written objection within 14 days of the invoice date. We will specifically draw the customer's attention to this with each invoice.
11. The customer only has the right to set off if his counterclaims have been legally established or recognized by us.
12. The assignment of the rights or the transfer of the obligations of the buyer under the purchase contract are not permitted without our written consent.
§ 8 Delivery / Transfer of Risk
1. The place of performance for our deliveries is the loading point. If delivery has been agreed, the customer bears the risk of accidental loss and accidental deterioration of the purchased item during shipment after the goods have been handed over to the person or institution designated to carry out the shipment.
2. If a delivery has been agreed, it will be made to the agreed location. If the instructions are changed, the customer will bear the costs.
3. Unless otherwise agreed, all freight costs for transport to the customer are borne by the customer. Packaging is charged at cost price. There is no breakage or transport insurance. Losses or damage during transport must be reported by the customer to the carrier and certified before taking delivery of the goods.
4. If delivery free to construction site or free to warehouse is agreed, this assumes that the access road and the construction site are accessible by at least a 40-ton truck. Unloading must be carried out immediately and properly by the customer and is at his own risk. If unloading is agreed, unloading will take place at the vehicle. The customer has clearly informed the truck driver which areas must not be driven on or loaded. If the delivery vehicle leaves the accessible access road on the customer's instructions, the customer is liable for any damage that occurs. Additional costs due to a lack of willingness to accept delivery at the delivery point and waiting times are borne by the customer.
5. Pallets will be charged at standard commercial rates and will be credited to us upon return, less handling and wear and tear costs, in accordance with the applicable pallet exchange fees.
6. Events or circumstances that make it significantly more difficult for us to fulfil our contractual obligations or that make it completely or partially impossible, either temporarily or permanently, entitle us to postpone or restrict delivery for the duration of the hindrance and a reasonable start-up time, or to withdraw from the contract due to the unfulfilled part. It is irrelevant whether the hindrances occur or exist with us or our suppliers.
7. Permanent disruption of operations due to force majeure, strikes or exhaustion of raw materials entitle us to withdraw from contracts that have not yet been fulfilled.
§ 9 Delay in Acceptance
1. Delivery within the meaning of Section 8 No. 1 of these provisions shall be deemed to have taken place if the customer defaults on acceptance.
2. If the customer defaults on acceptance or violates other obligations to cooperate, we are entitled to claim compensation for the damages incurred by us, including any additional expenses.
3. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the time at which the customer defaults on acceptance.
§ 10 Warranty
1. Returns for exchange purposes require our consent. Only flawless, generally usable goods can be credited if they are returned to us freight-free, together with an invoice, less a re-stocking fee of at least 20% of their value.
2. In the event that repair is not economically reasonable, subsequent performance by means of replacement delivery is agreed.
3. Without prejudice to Section 10 No. 2 of these provisions, the customer can, in principle, choose to request a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, in the case of only a minor breach of contract, in particular in the case of only minor defects, the customer has no right of withdrawal.
4. Obvious defects must be reported – if possible – upon delivery. The customer must inform us in writing of obvious defects within two weeks of the date on which the non-contractual condition of the goods was discovered. The decisive factor for compliance with the deadline is the receipt of the notification by us.
5. When delivering ready-mixed concrete, the customer must notify us of any obvious defects immediately by telephone – before unloading. Ready-mixed concrete with obvious defects may not be installed. In any case, the customer must check whether the order and delivery note match in terms of quality.
6. If the customer was persuaded to purchase the item by inaccurate statements from the manufacturer, the burden of proof for his purchase decision rests with him.
7. The limitation period for new goods is two years from delivery of the goods; for used items, the warranty period is limited to one year. Section 438, Paragraph 1
No. 2 of the German Civil Code remains unaffected. This does not apply if the customer has not notified us of the defect in a timely manner (Section 10 No. 4 of this provision).
§ 11 Guarantees
We do not provide the customer with any guarantees in the legal sense. Manufacturer guarantees remain unaffected by this.
§ 12 Limitations of Liability
1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, immediate average damage based on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
2. The limitations of liability do not apply in the event of physical injury or damage to health or loss of life of the customer attributable to us, nor in the event of claims by the customer arising from product liability.
3. The customer's claims for damages due to a defect expire one year after delivery of the goods. This does not apply if we are guilty of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of the customer's loss of life.
4. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
§ 13 Schufa clause / credit agencies
The customer agrees that we may inform the SCHUFA company (Schutzgemeinschaft für allgemeine Kreditsicherung) responsible for the customer's place of residence or the other credit agencies Bisnode Deutschland GmbH, Bürgel, Verband der Vereine Creditreform and Creditreform Experian GmbH as well as Info Score Consumer Data about the application, initiation and termination of this communication contract and that we may receive information about the customer from SCHUFA and the above-mentioned credit agencies. The customer agrees that, for the purpose of credit checks, information about personal data from affiliated companies within the meaning of Sections 15 ff. AktG of the seller may be obtained, processed and passed on. Irrespective of this, data will also be reported to the above-mentioned credit agencies due to non-contractual processing (e.g. termination due to late payment, application for a reminder order for an undisputed claim, and enforcement measures) of this contract. According to the Federal Data Protection Act, these reports may only be made if this is necessary to protect the legitimate interests of a contractual partner of the credit agencies or the general public and if this does not affect the legitimate interests of the customer. Only objective data is transmitted without specifying the creditor; subjective value judgements, personal income and assets are not included in the above-mentioned credit agency reports. The customer can obtain information from the above-mentioned credit agencies about the data stored about him or her.
§ 14 Final Provisions
1. If we are to carry out construction work, the provisions of the German Construction Contracting Regulations (VOB) apply. This also applies to a single contract for parts that can be separated as mere construction work. We offer our customers access to the German Construction Contracting Regulations (VOB/B) and, if applicable, the technical regulations (VOB/C). The VOB will be sent on request.
2. The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
3. The exclusive place of jurisdiction for all disputes arising from this contract is the court that has jurisdiction for us as the seller if the customer does not have a general place of jurisdiction in Germany or his place of residence or habitual abode is not known at the time the action is brought.
4. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is invalid in whole or in part shall be replaced by a provision that comes as close as possible to the economic success of the invalid provision.
Additions to the “General Terms and Conditions for all Customers” for entrepreneurs
§ 1 General
1. These General Terms and Conditions (GTC) only apply to entrepreneurs. They supplement our "General Terms and Conditions for all customers", as printed on invoices, etc., and take precedence over these if different regulations are made here.
2. The provisions of our “General Terms and Conditions for all Customers”, which are known to the contractual partner, also apply in full.
§ 2 Additions to § 5 Retention of Title
1. In contracts with entrepreneurs, we reserve title to the goods until all claims from an ongoing business relationship have been settled in full.
2. The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice amount that he has against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and falls into arrears.
3. If the Buyer installs the reserved goods as an essential component in the property of a third party, the Buyer hereby assigns to the Seller the claims for compensation arising against the third party or against the person concerned in the amount of the value of the reserved goods, including all ancillary rights, including the right to grant a security mortgage; the Seller accepts the assignment.
4. If the Buyer installs reserved goods as an essential component in the Buyer's property, the Buyer hereby assigns to the Seller the claims arising from the commercial sale of the property or property rights in the amount of the value of the reserved goods, including all ancillary rights; the Seller accepts the assignment.
5. The Seller shall release the reserved goods and the items or claims replacing them upon request at his discretion, provided that their value exceeds the amount of the secured claim by more than 25%.
§ 3 Additions to § 7 Prices / Payment
Additional regulation on intra-community deliveries to another EU member state
1. Prices are subject to change and the prices applicable on the day of delivery will be charged unless otherwise agreed in writing at the time of conclusion of the contract.
2. Intra-Community deliveries to entrepreneurs are exempt from VAT provided that we have a VAT identification number of the buyer in question that is valid at the time of delivery before the transport of the goods begins.
3. Even in the case of intra-community collection deliveries of goods by an entrepreneur (personally or by a carrier commissioned by the customer), the invoice is tax-free in accordance with Section 6a UStG in conjunction with Section 4 No. 1 Letter b UStG, provided that the goods are delivered to the EU community area. According to Section 241 Paragraph 2 of the German Civil Code (BGB), the customer is obliged to hand over a confirmation of receipt to the seller within four weeks of collection of the goods, which in particular shows the place of delivery of the goods in another EU member state (except Germany) and the month in which the goods were received.
4. The confirmation of receipt must comply with the legal requirements according to the letter from the Federal Ministry of Finance dated September 16, 2013. If the confirmation of receipt is not submitted on time, the seller is obliged to treat the delivery as subject to tax and to issue the customer a new invoice plus the legally owed sales tax.
The customer must immediately reimburse the seller for the sales tax. The additional administrative costs incurred by the seller due to the subsequent treatment as a taxable delivery must be borne by the customer. The customer must immediately reimburse the seller for the additional administrative costs.
§ 4 Additions to § 8 Delivery / Transfer of Risk
If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, the carrier or to the person or institution otherwise designated to carry out the dispatch.
§ 5 Additions to § 10 Warranty
1. If the customer is an entrepreneur and chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any additional claim for damages due to the defect.
2. If the customer is an entrepreneur and chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable for 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 contract fraudulently.
3. Business owners must notify us of obvious defects in writing within two weeks of receipt of the goods. To meet the deadline, timely dispatch is sufficient.
4. If the entrepreneur fails to give this notification, the warranty rights expire two weeks after the defect has been discovered. This does not apply in the event of fraudulent intent on the part of the seller.
5. The entrepreneur bears the full burden of proof for all requirements for a claim, in particular for the defect itself, for the time at which the defect was discovered and for the timeliness of the complaint.
6. For entrepreneurs, the warranty period for new items is one year from delivery of the goods. The warranty is excluded for used goods.
7. In the case of samples or patterns provided by the seller to entrepreneurs, their properties shall only be considered as part of the contract if they have been agreed in writing. This also applies to all analysis data and specifications, including maximum and minimum data.
§ 6 Additions to § 12 Limitations of Liability
1. We are not liable to entrepreneurs for slightly negligent breaches of non-essential contractual obligations. The same applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
2. The limitations of liability do not apply in the event of physical injury or damage to health or loss of life of the customer attributable to us.
3. The above limitations of liability do not affect the customer’s claims for product liability.
§ 7 Final Provisions
1. The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the court responsible for the seller's registered office. The same applies if the customer does not have a general place of jurisdiction in Germany or if his or her place of residence or habitual abode is not known at the time the action is brought.
3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is invalid in whole or in part shall be replaced by a provision that comes as close as possible to the economic success of the invalid provision.
